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California Court of Appeal


Kan v. Guild Mortgage, B254007

In this foreclosure action, plaintiff’s real property loan is in default, and she seeks to quiet title and avoid foreclosure by alleging that the deed of trust on the property was improperly securitized and that the beneficiary lacks authority to foreclose. The trial court properly sustained demurrer to plaintiff’s complaint without leave to amend, where California’s nonjudicial foreclosure statutes provide no basis for plaintiff to challenge the authority of the entity initiating the foreclosure process.

Appellate Information

  • Decided 10/15/2014
  • Published 10/15/2014

Judges

  • Boren

Court

  • California Court of Appeal

Counsel

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